(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 28–Assemblyman de Braga

 

Prefiled January 22, 2001

 

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions governing sale of certain school property. (BDR 34‑822)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to school property; providing a procedure for the sale of a house or other structure built by pupils enrolled in a program of instruction offered by a public school; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 393 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  The board of trustees may, after complying with any other

1-4  applicable provision of NRS 393.220 to 393.325, inclusive, sell any house

1-5  or other structure built by pupils enrolled in a program of instruction

1-6  offered by a public school in the school district by accepting written

1-7  proposals for the purchase of the house or structure at any public

1-8  meeting held by the board of trustees.

1-9    2.  If the board of trustees proposes to sell a house or other structure

1-10  built by pupils enrolled in a program of instruction offered by a public

1-11  school in the school district and wishes to give an exclusive listing to a

1-12  real estate broker to sell the house or structure, the board of trustees

1-13  shall cause written notice to be published at least once in a newspaper of

1-14  general circulation within the county not less than 30 days before

1-15  adopting a resolution of intention to sell the house or structure pursuant

1-16  to the provisions of NRS 393.250. The notice must:

1-17    (a) Describe the house or structure in such a manner as to identify it;

1-18  and

1-19    (b) Include a statement indicating that:

1-20      (1) The board of trustees intends to adopt a resolution pursuant to

1-21  the provisions of NRS 393.250 and the proposed date for its adoption;

1-22  and

2-1       (2) If a real estate broker wishes to be included in a list of

2-2  prospective real estate brokers prepared pursuant to the provisions of

2-3  subsection 3, the real estate broker may provide a written notice of that

2-4  fact to the board of trustees not less than 10 days before the date

2-5  specified in subparagraph (1). To qualify for inclusion on the list, a real

2-6  estate broker must maintain an office within the county where the school

2-7  district is located.

2-8    3.  Before adopting a resolution specified in subsection 2, the board

2-9  of trustees shall:

2-10    (a) Prepare a list that includes the name of each qualified real estate

2-11  broker from whom the board of trustees received a written notice

2-12  pursuant to the provisions of subparagraph (2) of paragraph (b) of

2-13  subsection 2; and

2-14    (b) Upon completion of the list, select by lottery a real estate broker

2-15  who maintains an office within the county where the school district is

2-16  located from the list.

2-17    4.  If the board of trustees sells a house or other structure built by

2-18  pupils enrolled in a program of instruction offered by a public school in

2-19  the school district and if the purchaser of the house or structure was

2-20  procured by a real estate broker who was selected pursuant to the

2-21  provisions of subsection 3, the board of trustees shall pay a commission

2-22  to the real estate broker for the full amount for which the sale is

2-23  confirmed. If the real estate broker did not procure the purchaser of the

2-24  house or structure, the board of trustees shall pay one-half of the

2-25  commission on the full amount for which the sale is confirmed to the real

2-26  estate broker and one-half of the commission to the real estate broker

2-27  who procured the purchaser of the property.

2-28    5.  The provisions of paragraph (c) of subsection 2 of NRS 393.250

2-29  and NRS 393.270 and 393.280 do not apply to the sale of a house or

2-30  other structure built by pupils enrolled in a program of instruction

2-31  offered by a public school in the school district.

2-32    Sec. 2.  NRS 393.240 is hereby amended to read as follows:

2-33    393.240  1.  Except as otherwise provided in [subsection 5] this

2-34  section and NRS 393.3251 to 393.3255, inclusive, [when] if the board of

2-35  trustees proposes to sell or lease any real property, the board shall appoint

2-36  one appraiser. A second appraiser must be appointed by the superintendent

2-37  of public instruction.

2-38    2.  The appraisers shall make a report to the board of trustees of their

2-39  findings and determinations of the cash market value of the property

2-40  proposed to be sold, or the rental value of the property proposed to be

2-41  leased.

2-42    3.  No sale or lease of real property may be made for less than the value

2-43  fixed by the appraisers, but this requirement does not apply to a

2-44  conveyance without charge to another political subdivision.

2-45    4.  The compensation of [the appraisers] each appraiser appointed

2-46  pursuant to the provisions of this section must be fixed by the board of

2-47  trustees, and is a legal charge against the school district fund.

3-1    5.  The board of trustees may sell real property without an independent

3-2  appraisal [where] if the property is reasonably determined by the board to

3-3  have a fair market value of $5,000 or less.

3-4    6.  If the board of trustees proposes to sell a house or other structure

3-5  that is built by pupils enrolled in a program of instruction offered by a

3-6  public school in the school district, the report concerning the cash

3-7  market value of the house or other structure required to be submitted to

3-8  the board of trustees pursuant to the provisions of subsection 2 must be

3-9  prepared and submitted by an appraiser appointed by the board.

3-10    Sec. 3.  NRS 393.245 is hereby amended to read as follows:

3-11    393.245  1.  The board of trustees may sell or lease real property:

3-12    (a) To a responsible bidder in the manner provided by NRS 393.250 to

3-13  393.300, inclusive; or

3-14    (b) Through a licensed real estate broker. [No] Except as otherwise

3-15  provided in subsection 3, an exclusive listing may not be given. In all

3-16  listings, the board of trustees shall specify the minimum price or rental, the

3-17  terms of the sale or lease, and the commission to be allowed, which [shall]

3-18  must not exceed the normal commissions prevailing in the community at

3-19  the time.

3-20    2.  [All] Except as otherwise provided in this subsection, all sales may

3-21  be made for cash, or for not less than 25 percent cash down and upon

3-22  deferred payments [over a period of] for not more than 10 years, secured

3-23  by a mortgage or deed of trust, bearing such interest and upon such further

3-24  terms as specified by the board of trustees . [shall specify.] The sale of a

3-25  house or other structure that is built by pupils enrolled in a program of

3-26  instruction offered by a public school in the school district may be for

3-27  cash or upon such terms and conditions as are determined by the board

3-28  of trustees.

3-29    3.  If the board of trustees proposes to sell a house or other structure

3-30  built by pupils enrolled in a program of instruction offered by a public

3-31  school in the school district, the board of trustees may enter into a

3-32  brokerage agreement to list the house or structure with a real estate

3-33  broker who:

3-34    (a) Is licensed in this state;

3-35    (b) Maintains an office within the county where the school district is

3-36  located; and

3-37    (c) Has been selected by the board of trustees pursuant to the

3-38  provisions of section 1 of this act.

3-39    4.  The provisions of this section apply to all sales and leases of real

3-40  property, except leases and rentals subject to NRS 393.3251 to 393.3255,

3-41  inclusive, but if an appraisal is required pursuant to the provisions of NRS

3-42  393.240 , the board of trustees shall not adopt the resolution described in

3-43  NRS 393.250 or otherwise commence bidding or listing procedures until

3-44  the [report of the appraisers] appraisal has been received.

3-45    Sec. 4.  NRS 393.250 is hereby amended to read as follows:

3-46    393.250  1.  Before ordering the sale or lease of any property, the

3-47  board of trustees shall, in an open meeting by a majority vote of the

3-48  members, adopt a resolution declaring its intention to sell the property, or a

3-49  resolution declaring its intention to lease it . [, as the case may be.]

4-1    2.  The resolution [shall:] must:

4-2    (a) Describe the property proposed to be sold or leased in such a

4-3  manner as to identify it.

4-4    (b) Specify the minimum price or rental, and the terms upon which it

4-5  will be sold or leased, and the commission, if any, which [shall] must not

4-6  exceed the normal commissions prevailing in the community at the time,

4-7  which the board will pay to a licensed real estate broker.

4-8    (c) [Fix] Except as otherwise provided in section 1 of this act, fix a

4-9  time, not less than 3 weeks thereafter, for a public meeting of the board of

4-10  trustees to be held at its regular place of meeting, at which sealed proposals

4-11  to purchase or lease will be received and considered.

4-12    3.  In addition to the requirements specified in subsection 2, if the

4-13  property proposed to be sold is a house or other structure built by pupils

4-14  enrolled in a program of instruction offered by a public school in the

4-15  school district and the board of trustees has listed the house or structure

4-16  with a real estate broker pursuant to the provisions of subsection 3 of

4-17  NRS 393.245, the resolution required pursuant to the provisions of this

4-18  section must include:

4-19    (a) The name, business address and telephone number of the real

4-20  estate broker; and

4-21    (b) The period during which the house or structure may be inspected

4-22  by prospective purchasers.

4-23    Sec. 5.  NRS 393.260 is hereby amended to read as follows:

4-24    393.260  Notice of the adoption of the resolution and of the time and

4-25  place of holding the meeting [shall] , if required pursuant to the

4-26  provisions of paragraph (c) of subsection 2 of NRS 393.250, must be

4-27  given by:

4-28    1.  Posting copies of the resolution in three public places in the school

4-29  district not less than 15 days before the date of the meeting; and

4-30    2.  Publishing the resolution not less than once a week for 2 successive

4-31  weeks before the meeting in a newspaper of general circulation published

4-32  in the school district, if any such newspaper is published therein.

4-33    Sec. 6.  NRS 393.270 is hereby amended to read as follows:

4-34    393.270  [At] Except as otherwise provided in section 1 of this act, at

4-35  the time and place fixed in the resolution for the meeting of the board of

4-36  trustees, [all sealed proposals which have] each sealed proposal that has

4-37  been received [shall,] must, in public session, be opened, examined and

4-38  declared by the board. Of the proposals submitted which conform to all

4-39  terms and conditions specified in the resolution of intention to sell or to

4-40  lease and which are made by responsible bidders, the proposal which is the

4-41  highest [shall] must be finally accepted, unless a higher oral bid is accepted

4-42  or the board rejects all bids.

4-43    Sec. 7.  NRS 393.280 is hereby amended to read as follows:

4-44    393.280  Except as otherwise provided in section 1 of this act:

4-45    1.  Before accepting any written proposal, the board of trustees shall

4-46  call for oral bids. If, upon the call for oral bidding, any responsible person

4-47  offers to purchase the property or to lease the property, as the case may be,

4-48  upon the terms and conditions specified in the resolution, for a price or

4-49  rental exceeding by at least 5 percent the highest written proposal, after

5-1  deducting the commission, if any, to be paid a licensed real estate broker in

5-2  connection therewith, [then] the oral bid which is the highest after

5-3  deducting any commissions to be paid a licensed real estate broker in

5-4  connection therewith, which is made by a responsible person, [shall] must

5-5  be finally accepted.

5-6    2.  If a sale or lease is made on a higher oral bid to a purchaser

5-7  procured by an authorized, licensed real estate broker, other than the broker

5-8  who submitted the highest written proposal, the board shall allow a

5-9  commission on the full amount for which the sale is confirmed. One-half of

5-10  the commission on the amount of the highest written proposal [shall] must

5-11  be paid to the broker who submitted it, and the balance of the commission

5-12  on the purchase price to the broker who procured the purchaser to whom

5-13  the sale was confirmed. If a sale or lease is made on a higher oral bid to a

5-14  purchaser not procured by a licensed real estate broker, the board shall

5-15  allow one-half of the commission on the amount of the highest written

5-16  proposal, if [such] that highest written proposal was submitted by a

5-17  licensed real estate broker.

5-18    Sec. 8.  NRS 393.290 is hereby amended to read as follows:

5-19    393.290  The final acceptance by the board of trustees may be made

5-20  [either at] :

5-21    1.  At the same session [or at] held pursuant to the provisions of NRS

5-22  293.270;

5-23    2.  At any adjourned session of the same meeting held within the 10

5-24  days next following[.] ; or

5-25    3.  If the board of trustees is selling a house or other structure built

5-26  by pupils enrolled in a program of instruction offered by a public school

5-27  in the school district, at any public meeting held pursuant to the

5-28  provisions of section 1 of this act.

5-29    Sec. 9.  NRS 393.300 is hereby amended to read as follows:

5-30    393.300  The board of trustees may [at] :

5-31    1.  At the session[,] held pursuant to the provisions of NRS 393.270;

5-32  or

5-33    2.  At any public meeting held by the board of trustees pursuant to the

5-34  provisions of section 1 of this act,

5-35  if it deems such an action to be for the best public interest, reject any [and

5-36  all bids, either written or oral,] bid, and withdraw the property from sale or

5-37  lease.

 

5-38  H